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Q: smoke-free workplace ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: smoke-free workplace
Category: Business and Money
Asked by: hchennings-ga
List Price: $10.00
Posted: 09 Apr 2004 09:51 PDT
Expires: 09 May 2004 09:51 PDT
Question ID: 327734
do i have any legal rights as a non-smoker to a smoke-free workplace?
los angeles county, california, azusa
Answer  
Subject: Re: smoke-free workplace
Answered By: juggler-ga on 09 Apr 2004 10:41 PDT
Rated:5 out of 5 stars
 
Hello.

Yes, you do.

California Labor Code § 6404.5(b) prohibits smoking in enclosed spaces
at a place of employment.

"(b) No employer shall knowingly or intentionally permit, and no
person shall engage in, the smoking of tobacco products in an enclosed
space at a place of employment."
source: California Labor Code § 6404.5(b)
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=06001-07000&file=6400-6413.5

A few exceptions to this are codified in § 6404.5(d).  For example, if
you work in a tobacco store, you're not covered.  Or if you work
inside someone's private home, then you're not be covered (unless the
home is used for a child-care facility, etc.). See § 6404.5(d) for the
exact language:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=06001-07000&file=6400-6413.5


From the Los Angeles County Public Health web site:

"3.  What is the law in Los Angeles regarding secondhand smoke? How
does the law affect smoking in places of business, inside private
residences and in outdoor areas?
  California's Law for a Smoke Free Workplace (Labor Code 6404.5) is
designed to protect workers from the harmful effects of secondhand
smoke. It states that smoking is prohibited in virtually all enclosed
places of employment, with the exception of tobacco shops, private
residences and outside unenclosed patio areas."
Source: Los Angeles County Public Health
http://www.lapublichealth.org/tob/faq.htm#3

Los Angeles County also has a web page where you can lodge a complaint
about smoking in your workplace:
http://www.lapublichealth.org/tob/complaints_work.htm

Also see:
AB-13 FACT SHEET - CALIFORNIA WORKPLACE SMOKING RESTRICTIONS
http://www.dir.ca.gov/dosh/dosh_publications/smoking.html

BREATH California: California Smoke-free Workplace Act
http://www.breath-ala.org/html/work_index.html

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search strategy:
california "smoke free workplace"
"los angeles county" smoking workplace
6404.5 workplace smoking california

I hope this helps.
hchennings-ga rated this answer:5 out of 5 stars

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